ss. Not later than 60 days after
publication of the notice under subsection (b) of the initiation of an
arbitration proceeding, the Arbitration Panel shall report to the
Librarian of Congress its determination concerning whether the device
concerned is subject to section 1002, or the basis on which royalty
payments for the device are to be made under section 1003. Such report
shall be accompanied by the written record, and shall set forth the
facts that the Panel found relevant to its determination.
(f) Action by the Librarian of Congress. Within 60 days after receiving
the report of the Arbitration Panel under subsection (e), the Librarian
of Congress shall adopt or reject the determination of the Panel. The
Librarian of Congress shall adopt the determination of the Panel unless
the Librarian of Congress finds that the determination is clearly
erroneous. If the Librarian of Congress rejects the determination of the
Panel, the Librarian of Congress shall, before the end of that 60-day
period, and after full examination of the record created in the
arbitration proceeding, issue an order setting forth the Librarian's
decision and the reasons therefor. The Librarian of Congress shall cause
to be published in the Federal Register the determination of the Panel
and the decision of the Librarian of Congress under this subsection with
respect to the determination (including any order issued under the
preceding sentence).
(g) Judicial Review. Any decision of the Librarian of Congress under
subsection (f) with respect to a determination of the Arbitration Panel
may be appealed, by a party to the arbitration, to the United States
Court of Appeals for the District of Columbia Circuit, within 30 days
after the publication of the decision in the Federal Register. The
pendency of an appeal under this subsection shall not stay the decision
of the Librarian of Congress. The court shall have jurisdiction to
modify or vacate a decision of the Librarian of Congress only if it
finds, on the basis of the record before the Librarian of Congress, that
the Arbitration Panel or the Librarian of Congress acted in an arbitrary
manner. If the court modifies the decision of the Librarian of Congress,
the court shall have jurisdiction to enter its own decision in
accordance with its final judgment. The court may further vacate the
decision of the Librarian of Congress and remand the case for
arbitration proceedings as provided in this section.
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